Separation is tough—but being kept from your children makes it even harder. If your ex won’t let you see your kids, it’s important to know that you do have options.

This page explains what you can do, how the law views parenting time, and the steps to take to re-establish contact—without unnecessary conflict.

Parenting Time Is a Right for Children—Not Just Parents

Australian family law focuses on the child’s right to have a meaningful relationship with both parents, as long as it’s safe.

So, if your ex is stopping contact without a valid reason (like safety concerns), they could be acting against your child’s best interests.

Can One Parent Just Say No?

Not unless there’s a court order that supports it—or there’s a serious risk to the child.

If there’s no order in place, and both parents have equal shared parental responsibility, you should both be part of decisions and time arrangements.

Example:
After their split, James’s ex refused to let him see their daughter. James tried mediation but was blocked. He then applied to court for parenting orders and was granted regular weekend time and phone contact.

Steps to Take If You’re Being Denied Contact

1. Stay calm and avoid reacting emotionally

   • Keep communication respectful and documented

2. Try mediation or Family Dispute Resolution

   • A free or low-cost service can help both sides reach a fair agreement

   • A certificate (called a Section 60I Certificate) may be needed to go to court if mediation fails

3. Get legal advice or contact the court

   • You can apply for parenting orders through the Family Court to formalise your rights

   • Urgent court orders can be made if your child is being withheld unfairly or unsafely

What If There’s a Court Order and It’s Being Ignored?

If you already have parenting orders in place and your ex is not following them:

• Keep a record of missed visits, messages, and attempts to comply

• You can apply to the court to enforce the order

• The court can issue penalties for breaches (including fines or changes to parenting time)

Example:
Lisa had court orders allowing weekday visits. When her ex started blocking them without reason, she returned to court and the orders were updated to ensure compliance—including make-up time and supervised exchanges.

Keep the Focus on the Children

No matter how frustrated you feel, avoid involving the children in the conflict. The court will look more favourably on parents who:

• Put their child’s needs first

• Stay calm and cooperative

• Try all reasonable options before escalating

Final Thought

You don’t have to accept being shut out of your child’s life. The law protects your child’s right to know both parents—if it’s safe to do so.

At Aussie Divorce, we explain your options clearly so you can take the next step without the stress or confusion.